Please post your own experience of reclaiming PPI from Santander

[di30]

Re: Please post your own experience of reclaiming PPI from Santander

Good afternoon everyone and great to see you here TJ :tinysmile_twink_t2:

I have spoken to our lovely Victoria who have made fantastic suggestions as you will already be aware of this and I do think there are serious points that both Santander and Genworth has missed which proves they do not actually look into the complaint or even investigate, going by the letters everyone's received it says it all.

There are ways to try around this and yes stay strong, and keep standing your ground, one of mine did take a long time (different business) but they eventually gave in, they knew I wasnt going anywhere lol, so lets do it my friends xx:tinysmile_twink_t2:

[Victoria27]

Re: Please post your own experience of reclaiming PPI from Santander

Let's do it, my friends!
VXxx

[Victoria27]

Re: Please post your own experience of reclaiming PPI from Santander

Hello my dear friends,

a few suggestions for TJ and, may be Bellycakes, as well.
please, do not forget to correct my English

i also suggest you you contact your MPs and put them in the picture, what is going on with this company.
they can be helpful as well and can represent your cases.

the first draft of the letter, so to speak, a starting point:

....

Dear Sir/Madam,


Ref:


I refer to your letter of ..... rejecting my claim for a refund of Payment Protection Insurance plus associated interest.


I consider your rejection to be both wrong and in breach of the FCA guidelines as to the assessment and redress of Payment Protection Insurance Complaints.


For your guidance I shall refer you to the relevant sections of the FCA Handbook and I am going to point out the various sections you are IN BREACH OF.




1. Firstly, you refer to the fact that I had time to cancel the policy and I did not do that.


This is IN BREACH of the FCA Handbook, App. 3 Handling Payment Protection Complaints, The Approach to Considering Evidence,
App. 3.3.6 G: "The firm should not reject a complaint because the complainant failed to exercise the right to cancel the policy".


2. You based your decision on the assumption what might have happened, instead of dealing with the facts of my particular complaint.


You do not really have any evidence related to that case.
You were not present at the store, I told you what happened, and you chose to ignore it, which is in breach of the FCA guidelines about oral evidence presented by the customer, even without documental proof.
You are sending to me my Credit Agreement to prove that I signed it.
Even if I did sign a document, it still does not prove the fact that I intended to take the insurance, as you can see from App. 3.3.5G FCA Handbook as well as from the FOS, case studies, Issue 71/01).


So, in the lack of any real evidence, except the fact that I signed the document, not realising what I was signing while being manipulated and misled, which cannot be the reason for a rejection, and the fact, that I did not cancel this PPI, which cannot not be considered as an evidence anyway, according to the FCA guidelines, you decided, instead of dealing with my particular case - which is very clear and straight forward - to base your decision on the assumption how things should have been done at the time of this sale.
Let me remind you of the App. 3.3.9, 3.3.10, 3.3.11 and 3.312 G, which you are in breach of, by doing that.
Also I refer you to the relevant FOS documents: "...we look at the circumstances of the actual sale to establish what did happened, rather then what was supposed to have happened".


3. You consider that I was aware of the policy because it was shown on my statements.
Why would I think that it was an optional product and not another compulsory service charge?
There is nothing in the statements which implies that PPI was optional.


4. You assume that I was advised of the main features of the policy, relevant exclusions and limitations.


I am going to prove that your statement is wrong.


1) If it was as you stated and I was advised of the main product features, that surely means that according to the guidelines those main features were disclosed to me in good time before the sale was concluded, and in a way that was fair, clear and not misleading, and of course those main features had to include the significant exclusions and limitations, "i.e. those that would tend to affect the decisions ....to buy the policy" (FCA, App. 3.6.2.E, "Determining the effect of a breach or failing").


2) Let me remind you, that all those feature had to be disclosed to me whether it was advised or NON ADVISED sale to enable me to make an "informed choice".


3) Also it had to be disclosed to me in a good time before sale was concluded and in the way that was fair, clear and not misleading, showing me if there were parts of the cover which did not apply.
Also I quote from the FOS: "were the exclusions drawn to the consumer's attention during the sales process?"
"...it is not enough to have reminded the consumer to read the policy...".


4) That means, according to your assumption, I must have been told that this policy would not .........


5. You can appreciate that it makes it impossible and absurd to suggest that after such a disclosure I would have made an "informed decision" to buy the product which would have been useless and not necessary for me.


This fact without any shadow of doubt proves that in my case PPI was mis-sold.


I am going to refer you to the FCA Handbook App.3/6 E, DISP 3.6.1 and 3.6.2, "Determining the effect of a breach or failing", which covers all those issues.


6. In your letter of ..... you failed to prove that the policy was fair and reasonable and that I was treated fairly when I was sold this insurance.
Your letter is written in breach of the FCA guidelines.
1.You based your rejection on the fact that I did not exercise my right to cancel this policy which is in the breach of the FCA guidelines.
2. You based your rejection on the assumption how the company should have acted, but not on the circumstances of my particular case, which is in the breach FCA guidelines.
3. You based your rejection on the fact that I signed the agreement, which, according to the FCA guidelines and the relevant FOS documents, is not a proof of my intention to take the PPI.


You did not really investigate my case at all, but, instead sent me a generic rejection letter.


I found that you sent the same letters, just inserting different names to everybody I know. It is also in the breach of the FCA regulations and relevant organisations have to be made aware of that shameful practice.
You sent me a reply, but not an answer, addressing my personal issues.


Are you aware that at the time of sale I was on maternity leave and 6 weeks later gave birth? (For TJ and a !student - for Bellycakes)


According to the FCA regulations, you were supposed to take my personal circumstances at the time of sale into consideration, which clearly, you did not.


Can you give me at least one reasonable explanation why would I agree to take this cover, which I knew I did not need at all?


Any court of law would believe what is reasonable.


What in your opinion was reasonable in my "informed decision" to take this PPI, considering that.....


On the other hand, your company had all the reason to sell it to me.


The shop assistants were untrained. It is a well known fact which cannot be denied.


Why would you believe that they did everything correct and gave me all the necessary information?


It is not natural to buy something we do not need. Unless we are led to believe it is necessary or we are not aware that we bought it.


It looks like your company is not aware of the situation with mis-sold PPIs and act like that never happened.


It looks like your complaint department is not aware of the FCA regulations or, which is even worse, you are thinking we are not aware of it.


Let me assure you, that I will not give up and will escalate my case and will make it public and will go as far as necessary to put it right.
I will contact my MP, press and also will inform the FCA about your company failing your fiduciary duties.


Please do not send me any more template letters.
I shall expect you to look in my case properly and I am giving you further 2 weeks to reconsider prior to me escalating my case.


Yours faithfully,


........


thank you
lol

Vxxx

[di30]

Re: Please post your own experience of reclaiming PPI from Santander

Fantastic indeed!!

Thank you Victoria, your a star! x

[Victoria27]

Re: Please post your own experience of reclaiming PPI from Santander

Thank you, Di, you are a dazzling star!
so many wonderful stars here, such a great, fantastic forum!
Full of sparkling stars!
We reached for the sky
lol
Vxxx

[L'pool64]

Re: Please post your own experience of reclaiming PPI from Santander

Hi Victoria,

I thought that I was good at writing letters but I tell you....I couldn't hold a candle to you. That letter is absolutely magnificent!!!! This forum absolutely needs you & Di, I do not know anywhere else, where people would get such useful help. Please keep it up. It is so good to see people pulling together to put these companies in their place.

Also, it is very unlikely that TJ's parents would have put her out on the street, so that could be added in as well!

i have sent by "pre court action" letter off to the CEO of Santander. I have put a claim amount on it of £750.00, which I know is too much, but you are right Victoria, I am way past the point of the claim. What we need is to find a system that works and then exploit it to the full. Let's face it, if they think we are all stupid, (evidenced by the same generic letters they are spewing out), we have to try and turn their own systems on them.

Di, you letter to Genworth must also be fantastic. I haven't seen one response where it has failed!!

best wishes to all,

:beagle:Xxxxxxxxxxx

[di30]

Re: Please post your own experience of reclaiming PPI from Santander

Thank you so much for your kind and lovely words L'pool x

I have to agree on Victoria's letter, it is absolutely amazing indeed and an eye opener too, I could have done with Victoria when i was dealing with them in 2012 lol, but so glad she is with us now :tinysmile_twink_t2:

All the best with your claim too L'pool, hopefully this will now be overturned your way and your doing the right thing for sure.

They have got away with it far too long now, so what comes round goes round :tinysmile_kiss_t4:, all the best with his hun and look forward to hearing on how you get on, we are here for you and behind you over than 100% xx

[Victoria27]

Re: Please post your own experience of reclaiming PPI from Santander

L'pool, Di,
Thank you so much, my dear friends for your kind words! Xxx
L'pool, I am so glad you are taking them to court, Bravo!
yes, I agree, Di's letter to the underwriter is a true masterpiece.
L'pool, you are absolutely right to put a claim for £750, for stress, wasted time, energy, telephone calls, post etc.
also to set a precedent, "exemplary charges".
why not?
it is their turn to be concerned now
i wish it was possible to attend
then we all will come to court and cheer!
Anyway, with all our support and love, here we are
lol
Vxxx

[tjperfick]

Re: Please post your own experience of reclaiming PPI from Santander

OMG Victoria, what a letter. Will def have a play with it tomorrow. Who would I be best sending it to - is this a santander one or a genworth one. Also is it a CEO letter and if so does anyone have the email/postal address. Sorry so many questions!! xx

[Victoria27]

Re: Please post your own experience of reclaiming PPI from Santander

My dear TJ,
I am so glad if it can help you in any way
everybody's success for me is a personal victory
let's see what our friend Di thinks, whom to write the best.
may be even to both companies as it is the same case.

here are some addresses I used:

ceo@santander.co.uk


SCLUKPPIExecComp@santander.co.uk

executivecomplaints@santandercards.co.uk

it got to the right place.

i put the main address to the CEO with copies to other 2 addresses.

let's see what our other friends will suggest.

Vxxx

[di30]

Re: Please post your own experience of reclaiming PPI from Santander

TJ, first I would write to Santander again,as they are then main brokers as such, and as the complaints team failed you, then write to the email left by our Victoria to the CEO and maybe copy in the other 2 as well, so they all have a copy, also ask for an email receipt of confirmation of your complaint x

Good luck x :tinysmile_twink_t2:

[Victoria27]

Re: Please post your own experience of reclaiming PPI from Santander

Thank you, Di, darling. Xxx
very good idea, to start with main brokers. Excellent move.
TJ, best of luck!
Vxxx

[loulouxx]

Re: Please post your own experience of reclaiming PPI from Santander

WOW have finally caught up (did skip a few sorry) but I've got to say you guys could take on the world lol I have a fight on my hands with Canada Square that I have posted a new thread for. Thanks for everyone's kind messages xxxx

Welcome to the new posters with all the excellent advice given by Victoria and Di I have nothing to add. Good Luck everyone. Really glad to see that you Dogtired haven't given up hope or the fight.

LouLou xx

[di30]

Re: Please post your own experience of reclaiming PPI from Santander

Lou, posted on your othr thread (Canada Square), the info posted by Victoria, it may also be worth on raising some of this to them as well, I say go for it! x :tinysmile_twink_t2:

[loulouxx]

Re: Please post your own experience of reclaiming PPI from Santander

Yep I already saw it. I have replied ! Wow that letter was brilliant. I took a few bits and added to my own. Way to go now if I need anymore I'll know where to come xx